This End-User License Agreement (the "EULA") is a legal agreement between you (hereinafter referred to as "You" or “Licensee") and Aegik AB (hereinafter referred to as "Licensor"), the author of the software “Jet Profiler for MYSQL" including all HTML files, XML files, Java files graphics files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code (the “Software"). By installing, copying or otherwise using the Software, you agree to be bound by this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install or use the Software.
1. LICENSE GRANT; PROPRIETARY RIGHTS
Subject to the terms and conditions of this EULA, Licensor grants Licensee a limited, non-exclusive, non-transferable right to use the Software on one (1) operating system (“OS") on no more than two (2) computers ("CPUs") solely for Licensee’s own internal business operations. An operating system (OS) is defined as a software program that manages the hardware and system resources of a computer.
Licensor retains all ownership and rights in the Software, including all rights in any portion(s) of the Software present in any output of the Software. This EULA is NOT a sale of the Software.
2. USE RESTRICTIONS
Licensee and third parties may not reverse engineer, decompile or disassemble the Software, except and only the extent that such activity is permitted by applicable law notwithstanding the limitation.
The software is licensed as a single product. As a single user, you may physically install the Software on one (1) OS on no more than two (2) CPUs. As a single user, you may not install or use the Software on a network, multiple CPU, multiple OS, multiple site arrangement, or any other hardware or software configuration where the Software is accessible to more than two CPU and OS or to more than one user. You may not use telecommunication transmissions to electronically transfer the Software from one CPU to another.
3. TRANSFER RESTRICTIONS
You may not transfer, assign, sell, or otherwise dispose of the Software on a permanent basis without the written permission of Licensor. Should Licensor grant such permission, you may be required to pay a transfer fee in effect at the time of the transfer. In no event may you rent, lease, grant sublicenses or any other rights in the Software to others on a temporary basis, including renting the Software and CPU together to other users.
4. COPY RESTRICTIONS
You may make one copy of the Software solely for backup purposes. The backup copy automatically becomes the property of Licensor and is subject to this EULA. You must reproduce Licensor's copyright notice on the backup copy.
5. SUPPORT AND UPDATE POLICY
Licensor is not responsible for maintaining or helping you to use the Software. From time to time, Licensor may update the Software. The license is valid for a specific version of the Software. Licensor will, from time to time, release new major versions which require purchase of a new license.
This EULA is effective upon you downloading, installing or using the Software and remains in effect until expiration of all copyright interests in the Software, unless earlier terminated. This EULA will terminate automatically when your subscription expires, or without notice from Licensor if you fail to comply with any of the terms or limitations of this EULA. The Software and accompanying documentation materials may also be protected under federal copyright and patent laws. Unauthorized copying or use of the Software beyond the scope of this EULA is expressly forbidden. You may be held legally responsible for any copyright or patent infringement that is caused or encouraged by your failure to abide by the terms and conditions of this EULA.
7. REGISTRATION AND PROCESSING OF PERSONAL DATA
As part of the registration process, Licensor may collect and use information concerning your use of the Software.
8. WARRANTY DISCLAIMER
THE SOFTWARE IS PROVIDED SOLELY ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OF THE SOFTWARE. IF THE SOFTWARE PROVES TO BE DEFECTIVE, YOU, NOT LICENSOR OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, LICENSOR MAKES NO WARRANTIES REGARDING THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY LICENSOR, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE ANY OTHER WARRANTY OR INCREASE IN ANY WAY THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE.
9. LIMITATION OF LIABILITY
NEITHER LICENSOR NOR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, LICENSING, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS OR THE LIKE) RESULTING FROM BREACH OF WARRANTY OR ANY TYPE OF CLAIM ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, LICENSOR'S RESPONSIBILITY FOR DIRECT DAMAGES IS NEVER MORE THAN THE PURCHASE PRICE AND LICENSE FEE YOU PAID FOR THE SOFTWARE.
This EULA is not assignable or transferrable by Licensee and any attempt to do so would be void. Licensor may assign its rights and obligation under this EULA without consent of Licensee.
11. GOVERNING LAW AND JURISDICTION
This EULA shall be governed by and construed in accordance with the substantive laws of Sweden without giving effect to the choice of law principles thereof. Any dispute, controversy or claim arising out of or in connection with this EULA, or the breach, termination or invalidity thereof, shall be settled by Swedish courts, with the District Court of Stockholm as the court of first instance.